trademark search Archives

How to do trademark search(lookup) in India: A step by step process? What is trademark lookup in India? A trademark lookup in India means checking the official database of the Indian Trademark Registry to see if a name, logo, slogan, or design you want to use is already registered or applied for by someone else. This search helps ensure your trademark is unique and doesn’t conflict with existing ones. You can do this search online on the IP India website by entering the trademark name, application number, or product category. Doing a trademark lookup is an important step before applying for registration, as it helps you avoid legal issues and ensures your trademark follows Indian laws. The Importance of Trademark Lookup in India It is essential to know that the trademark you want to register or use for registration has no existing trademark or similar one in India before making an application for registration of a brand name/trademark name. A trademark search helps you to: Don't Get Sued: You should be sure that your trademark doesn't violate someone else's trademark and avoid any kind of litigation in future. Avoid time wastage: With it, one can identify the issues early before applying for registration. Save Cost: In case your trademark is rejected, then you have to start the process from beginning again, which costs you more. How can you conduct trademark search in India? Step 1: Understanding What a Trademark is? Before searching for a trademark, you need to understand what a trademark is. A trademark must be a: WORD MARK: A single word or a combination of words. Design/Image/Symbol: A logo. Label: Words + Logos Shape Marks: New type of shapes which are used to serve the same function as landmarks for your brand. Sound Marks: Sounds that are unique to your product or service. Your search will be more effective if you know what kind of trademark you are looking for. Step 2: Go to the Official Trademark Search Site In India, we have a trademark search portal managed by the Controller General of Patents, Designs & Trademarks (CGPDTM) which comes under the Ministry of Commerce and Industry. You could start the search by visiting the website at https://ipindia.gov.in/ When you are on the website, navigate to the “Trademark Section” and select the “Search” option. This will take you to the register for trademark. STEP 3: Choose the kind of trademark search When you are on the trademark search page, there will be a few options such as: Wordmark Search: Use this if you are looking for a specific word or name This is the option to select if you want to find out whether the name Smart Tech has been registered (for example). Phonetic Search: This type of search allows you to identify trademarks that sound similar with your desired name. This is handy if you know a name but are wondering how it might be written. Advanced Search: Search using class, status, and other specific terms; In most cases of simple searches, the Wordmark Search will do the trick. Step 4: Apply the Search criteria Once you select the type of search, you will be prompted to enter some information. Here’s how to proceed: Input The Word: Type in the word or phrase you want to verify into the search box. You can restrict it to an exact or a partial match. Choose Classes: Trademarks are categorized into different classes depending on their nature of goods or services. There are total 45 classes, and ideally, we need to choose our class based on the nature of our business. For example: Class 25: Clothing, footwear, and headgear Class 9: Computers, Electronics and Software Class 35: Advertising and business services If you are not sure about it, you can leave that box empty or select All Classes for a wider search. Search by Similarity: Based on your search type, you can decide to perform either exact match, similar, or fuzzy searching. Say, you want trademarks that are pronounced like your brand name; then you can tick the option of “Phonetic Search” alongside. Step 5: Take a Look at Search Results Enter details of the trademark you are searching for and click on search, which will show up a list of trademarks similar to or matching with the term provided. So here are some markers to look for in the results. Trademark Name: This is a trademark logo or name. Status: You'll see either that the trademark is: ️Registered: This trademark is registered and protected. Pending: The trademark application is being reviewed. Status: The trademark registration has been removed or cancelled. Application Number: Every trademark has its individual application number. Class: The class under which the trademark has been registered. You can verify that the class correspond to the type of products and/or services that you are providing. If you discover a match, then that is a strong prompt to rethink using the name, logo, or symbol-if within the same class/category of business. It will also take legal advice and determine if your trademark is deceptively similar or if there is a possibility of infringement. Suggested Read : Advantages of Trademark Monitoring Step 6: Analyze the Results Occasionally, a search may reveal non-exact-match trademarks that can still lead to confusion. Pay attention to Visual Similarity: Identify if any logos or colors resemble yours. Phonetic Marks: similar sound, different appearance Classes: If the marks are in the same or closely related classes, the potential for conflict may also be greater. If you discover a trademark but it is not used, or the type of goods/services does not match, then in some instances, this may be acceptable (but do get proper guidance when making such decisions). But if you are in any doubt, it is best to seek advice from a trademark attorney. Step 7: Act On The Results Having received the search results, you have different alternatives Next Step: You Can Register if there are no existing trademarks that might be competing with yours, you can move forward with your trademark registration application. Change Your Trademark: If you will find the same trademark then you have to change the name, logo, or design. So, do not get any legal issues by doing your wrong one again! Seek Expert Advice: If there's any confusion about the results or next steps, consider reaching out to a trademark attorney or IP expert. Step 8: Trademark Application Submission Once your trademark is distinctive, and there are no conflicts in any manner, you can subsequently file an application with the Trademark Registry automatically. Registration requires an application, fees, and time as it needs to be examined by the registry. Conclusion ain India trademark lookup is important if you want to make sure that your brand name, logo or symbol free from any legal issues and unique from other brands. In this article, we have discussed the steps you can follow for a complete trademark search in India and what you can do for brand protection. Be it launching a new business or going through a rebrand, an adequate trademark search is not only vital for establishing a brand but its protection as well. Use USPTO & WIPO For International Trademark Process Remember, if you need help with any part of the trademark process that is not covered here consult a professional. Securing your IP is key to the future of your business.

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